Karthikeyan @ Luna v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Karthikeyan @ Luna

...Petitioner/Accused-9

Vs.

State represented by The Inspector of Police, Vadalur Police Station, Cuddalore District.

(Crime No.294 of 2019)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in S.C.No.55 of 2020 on the file of the I Additional District and Sessions Judge, Cuddalore, on such terms and conditions.

For Petitioner : Mr.A.N.Rajan For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner/A9 in S.C.No.55 of 2020, now pending before the I Additional District and Sessions Judge, Cuddalore, seeks bail. Originally Crime No.294 of 2019 had been registered for the offences under Sections 147, 148, 307 & 302 of IPC.

2.It is stated that originally a Non-bailable warrant was issued against the petitioner on 19.06.2023. The learned counsel for the petitioner stated that the petitioner had been arrested in yet another case on 31.05.2023 and he was in custody on 19.06.2023 which prevented him from appearing before the Court. Thereafter, he was detained under Tamil Nadu Act 14 of 1982 on 29.08.2023 but the said detention order was set aside by the Advisory Board itself.

3.It is stated that the NBW was originally issued on 19.06.2023 and was executed on 14.11.2023.

4.Taking all the factors into consideration, I am inclined to grant bail to the petitioner subject to the following conditions: 5.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten 2/4

Thousand only) with two fresh sureties, each for a like sum to the satisfaction of the I Additional District and Sessions Judge, Cuddalore, and on further conditions that: - [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall appear before the I Additional District and Sessions Judge, Cuddalore, everyday at 10.30 a.m., for a period of two weeks and thereafter, during the Court hearing dates. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

19.01.2024 ata 3/4

C.V.KARTHIKEYAN.

J.

ata To

1. The I Additional District and Sessions Judge, Cuddalore.

2. The Central Prison, Cuddalore.

3.The Inspector of Police, Vadalur Police Station, Cuddalore District.

4.The Public Prosecutor, High Court of Madras.

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